Let our experienced team help you get compensation for non-freeing cold injury (“NFCI”). Experiencing a non-freezing cold injury can be extremely painful and difficult to recover from, if at all. We can help you receive compensation to help with your recovery and life moving forward.
Non-freezing cold injuries (“NFCI”) can be debilitating and affect all aspects of life when it is easily avoidable. You can be in cold and wet climates which can lead to NFCI. You may have been diagnosed with ‘trench foot’ or nautical equivalent immersion foot or other cold weather injury.
NFCI involves injury to the soft tissues, nerves, and vasculature structure of the extremities from prolonged exposure to wet, cold but non-freezing conditions. Left untreated, NFCI can lead to permanent damage to nerves and blood vessels. It does not need to be froze. NFCI happens when parts of the body, most often hands and feet, are exposed to prolonged exposure to wet and cold without being dried and warmed up. Then on warming, sufferers may experience pain and a yellowish appearance in the affected area, or redness, swelling and significant and lasting pain. Often, the affected area becomes more sensitive to cold in the longer term.
Non-freezing cold injuries affect the hands and the feet. They are caused by exposure to wet conditions where the ambient air temperature is just above freezing, although it can be as high as 15c. The injury arises when your core temperature is below its normal level for any length of time.
The injury comes due to microvascular endothelial damage, stasis and vascular occlusion. When first exposed to extreme cold, the tissue will also be cold and numbness will be felt. It will then progress to hyperaemia in 24-48 hours. This will be accompanied by an intense painful burning sensation as well as blisters, redness, and possibly, ulcerations. Symptoms of a NFCI can include:
Just like any other employer, the Ministry of Defence has a legal requirement to ensure that their employees are protected. The MOD owes you a duty of care while a serving member of the military. This duty includes ensuring that you are not exposed to such conditions that can lead to NFCI.
The Duty of Care that any employer must fulfil includes:
NFCI, whilst the most common non-combat military injury, is easily preventable. Despite awareness of the causes and consequences, it is one of the most problematic conditions that can arise from military service and continues to be a significant cause of disease and non-battle.
If you think you’ve suffered a non-freezing cold injury you might be entitled to compensation. It’s possible to claim even if you’ve been turned down for a payment under the AFCS or War Pension schemes. Both these no-fault schemes have very strict criteria, often resulting in smaller compensation payments or your claim being rejected, even though you may still be entitled to bring a civil claim.
Non-Freezing Cold Injuries can have a devastating impact upon your military career and there have been many instances where it has resulted in a career being cut short. The lack of manual dexterity and pain can effectively prevent any further service. In more severe cases the condition can lead to amputation.
Treatment of cold injuries must occur quickly, and there can be lasting damage and long-term problems if you are not able to access help quickly. If you have suffered from a non-freezing cold injury due to negligence whilst carrying out military service, then this may have then led to a number of different problems.
Whether you’re a veteran or still serving, our highly experienced Military Services team will advise you for free on whether you have a civil claim for compensation. If we think you have a strong case, we’ll represent you on a no-win, no-fee basis. Plus, you can bring a civil claim at the same time as an AFCS or War Pension claim.
If you have sustained a non-freezing cold injury whilst serving in the military, you might be entitled to make a NFCI injury claim. We take a civil claim on your behalf for compensation. There are time scales and you should contact us as soon as possible to investigate an action for you.
If your injury was caused wholly or partly by your service, you should also make a claim to the Armed Forces Compensation Scheme as soon as possible. There are strict time limits and we would encourage a claim be submitted as soon as possible.
Our solicitors understand the complex and long-lasting challenges posed by NFCI injuries. We are here to help military personnel and veterans navigate the compensation. We will ensure that you receive fair compensation for your injuries and their consequences.
If you or a loved one has experienced an accident while serving in the military, reach out to Speir Buchan today. We are here to provide not only expert legal guidance but also an understanding of the physical, emotional, and financial challenges you face. Together, we will work towards securing the justice and compensation you deserve.
